Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
This is a UK based forum about divorce and related issues. Feel free to contribute. Your experiences or opinions may help others. The links on the left lead to basic information about most common divorce questions. The information opens in a separate window. You can use the search function to search the forum.
User: Log In Create A New Profile
Actions: New Topic Print View RSS
Search
History: Home UK Divorce Forum
Topic:
Can I submit evidence of adultery? (6 Posts)
Started By:
Date:
28 February, 2017 11:25AM
Can I submit evidence of adultery?
Sophia02 - 28 February, 2017 11:25AM
On my spouses' acknowledgment of service, he denies having committed adultery, though he states that he does not wish to defend. My petition is based on two points, with the second point that his girlfriend is pregnant with his children (she has now given birth).

I have evidence on social media that both parties were expecting children, with one post naming my spouse as the father. I would like to submit this with my application for decree nisi, but I am not sure how to? I have five A4 print outs.

Any advice would be much appreciated.
Re: Can I submit evidence of adultery?
davidterry - 28 February, 2017 12:02PM
You simply have to say how you know that your husband has committed adultery. You do not need to file 'evidence' and you should not do so. The court just needs to be satisfied that the adultery is real and not simply made up. Saying how you know is sufficient for that purpose. In this case you just say that his girlfriend is pregnant with his child. You do not need to produce a scan.
Re: Can I submit evidence of adultery?
Sophia02 - 28 February, 2017 01:32PM
Thanks for your very quick reply.

I was slightly worried that the judge would refuse my petition because my spouse has said that he does not agree to adultery. Hence why I was willing to provide such evidence.

I also have a question regarding the acknowledgement of service: if my spouse has not signed it personally (a solicitor signed it), do I need to return it to the court -- as I do not have to tick any boxes saying that I identify the signature on the document, must it be returned?

Thanks
Re: Can I submit evidence of adultery?
davidterry - 28 February, 2017 07:11PM
>>as I do not have to tick any boxes saying that I identify the signature on the document, must it be returned?

No, it need not be returned because you are not identifying in signature on it as part of your application for decree nisi. The court will obviously have a copy on file.
Adultery or not?
Gunner1 - 05 March, 2017 11:18AM
My wife left me in late November 2016 when she said he could not live with me any more as she he felt he didn't trust me. The previous Christmas I had an affair with a woman I met at a party and this affair lasted a few months and my wife found out about this and knows that we had sex over that Christmas period - however she continued to live with me for an 11 month period and for much of this time we lived as 'husband and wife'. Last week I received a divorce petition stating she was divorcing me for adultery and giving the date of Christmas 2015 as the date when the sex took place - surely she cannot use adultery as she continued to live with me for over 6 months and/or didn't issue a divorce petition within 6 months?
Or is it better that I accept adultery rather than UB? We have no children and similar pensions so the split could be straightforward, but I don't want the stigma of adultery.
Re: Adultery or not?
davidterry - 05 March, 2017 05:36PM
If she continued to live with you for more than six months after you committed adultery and she became aware of it then she cannot rely upon that adultery as a ground for divorce. However, please note that if the adultery continued into that six month period and/or your wife left you within six months of finding out about the last act of adultery that would be different. The exact details of when the last act of adultery took place, when your wife found out about it and when she left could all be potentially important,
Goto Topic: Previous Next

Sorry, only registered users may post in this forum.